[Amended 4-19-2010 by Ord. No. 2010-03]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383, N.J.S.A. 52:27D-202) the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Dunellen.
[Amended 4-19-2010 by Ord. No. 2010-03]
The local enforcing agency shall be the Fire Prevention Bureau, with an office located within the boundaries of the Borough of Dunellen, and shall be comprised of the Fire Official and Fire Inspector(s) as necessary to carry out the responsibilities of the agency.
[Amended 4-19-2010 by Ord. No. 2010-03]
The local enforcement agency shall enforce the Uniform Fire Safety Act, the codes and regulations adopted under it, and this chapter in all buildings, structures and premises with the Borough of Dunellen and shall faithfully comply with the requirements of the Uniform Fire Safety Act, the Uniform Fire Code and this chapter.
[Amended 4-19-2010 by Ord. No. 2010-03]
The local enforcing agency established by § 159-2 of this chapter shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
[Amended 4-19-2010 by Ord. No. 2010-03]
The Fire Official shall serve as the chief administrator of the enforcing agency established by § 159-2 of this chapter.
[Amended 4-19-2010 by Ord. No. 2010-03]
A. 
Appointment of Fire Official. The Fire Official shall be appointed by the Mayor of the Borough of Dunellen with the consent of the Borough Council.
B. 
Term of office. The Fire Official shall serve for a term of three years. Any vacancy shall be filled for the unexpired term.
C. 
Inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Mayor of the Borough of Dunellen with the consent of the Borough Council.
D. 
Removal from office. The Fire Official, inspectors and other employees of the enforcing agency shall be subject to removal by the Mayor and Council for inefficiency or misconduct. Each employee to be so removed shall be afforded an opportunity to be heard by the Mayor and Council.
In addition to those duties established under the Uniform Fire Safety Act and the Uniform Fire Code, the Fire Official shall:
A. 
Prepare and submit an annual report of agency activities to the Mayor and Council and the Fire Chief.
B. 
Prepare and submit monthly activity reports to Mayor and Council and the Fire Chief.
C. 
Maintain accurate records of the operational costs of the office of the Fire Prevention Bureau.
D. 
Prepare the agency's proposed operating budget and submit same to the Mayor and Council.
Pursuant to Sections 15 and 17 the Uniform Fire Safety Act (N.J.S.A. 52:27D-206 and 52:27D-208), any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of the County of Middlesex.
[Amended 4-19-2010 by Ord. No. 2010-04]
In addition to the inspection and fees required pursuant to the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., and the regulations of the Department of Community Affairs, the following inspections and fees shall be required locally:
A. 
Inspections. The local enforcing agency shall inspect all buildings, structures or premises, other than one- and two-family dwellings, as often as it may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, contribute to the spread of fire, interfere with firefighter operations, endanger life or any conditions constituting violations of the provisions or intent of this chapter or other fire or life safety requirements. Upon completion of these inspections, a fire safety certificate will be issued to the owner(s) and/or tenant(s) to show compliance.
B. 
Registration and fees. The owner(s) of all businesses, occupancies, buildings, structures or premises required to be inspected under Subsection A shall apply annually with the local enforcing agency for a certificate of registration upon forms provided by the agency. This requirement does not apply to life hazard uses registered pursuant to N.J.A.C. 5:18. It shall be a violation of this code for an owner to fail to return such forms within 30 days. Every landlord or owner hereby required to file a registration statement as described in the above paragraph shall file an amended registration within seven days after any change in the foregoing information required to be included thereon. The payment shall be the responsibility of the occupant of the premises and is due and payable prior to the inspection. Registrations shall be accompanied by fees in accordance with the following:
(1) 
Class I: Non-life hazard fire safety inspections for buildings 1,000 square feet or less shall be $50.
(2) 
Class II: Non-life hazard fire safety inspections for buildings 1,000 square feet but less than 3,000 square feet shall be $75.
(3) 
Class III: Non-life hazard fire safety inspections for buildings 3,000 square feet but less than 6,000 square feet shall be $100.
(4) 
Class IV: Non-life hazard fire safety inspections for buildings 6,000 square feet but less than 12,000 square feet shall be $150.
(5) 
Class V: Non-life hazard fire safety inspections for buildings more than 12,000 square feet shall be $175.
(6) 
Class VI: Eating and drinking establishments with less than 50 occupants in which no alcoholic beverages are consumed shall be $100.
C. 
Common areas. Multiple-family units (such as apartment buildings with common areas accessible to the tenants and/or public) shall be inspected as often as necessary to enforce the Fire Safety Code by a certified Fire Inspector for a fee of $75 per building.
D. 
Waivers. The following users shall be exempt from the local permit and registration fees; however, they shall be required to properly apply for such permits and registrations and comply with all other code requirements.
(1) 
Dunellen Fire Department.
(2) 
Dunellen Rescue Squad.
(3) 
Nonprofit civic groups, when applying for a use of an occasional nature (once or twice a year).
(4) 
Places of worship. This shall apply to uses where the actual religious service takes place, uses for religious education purposes or uses of an occasional nature.
(5) 
Contractors and construction firms, when the activity is part of work performed under a valid permit issued by the Construction Department.
(6) 
Borough of Dunellen.
(7) 
Dunellen Board of Education.
E. 
Compensation. Activities requiring approval from the Fire Official which require inspections by, or the presence of, one or more Fire Inspectors during times other than normally scheduled work hours shall require reimbursement to the Borough of Dunellen for such time at the rate of $100 per hour. Payment for such activities shall be made prior to the issuance of any necessary permits or approval by the Fire Official. Whenever the Fire Official authorizes the assignment of a Fire Inspector to a quasi-public duty, the party requesting the service shall pay the Borough for the service at the rate of $100 per hour.